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WISE v. CNH AMERICA, LLC

No. 05-644.

142 P.3d 774 (2006)

2006 MT 194

333 Mont. 181

Matthew G. WISE, Plaintiff and Appellant, v. CNH AMERICA, LLC f/k/a Case, LLC, L.H.C., INC., and John Does 1, 2 and 3, Defendants and Respondents.

Supreme Court of Montana.

Decided August 22, 2006.

Attorney(s) appearing for the Case

For Appellant: Daniel W. Hileman, James E. Vidal, Kaufman, Vidal, Hileman & Ramlow, P.C., Kalispell, Montana.

For Respondents: Scott Hagel and Daniel D. Johns, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Kalispell, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Matthew Wise (Wise) appeals from a decision of the Eleventh Judicial District, Flathead County, granting L.H.C., Inc.'s (LHC) motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), M.R.Civ.P.

¶ 2 We review whether the District Court properly granted LHC's motion to dismiss.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 Wise suffered an injury in April of...

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